Legal Question in Family Law in California

I have a son who is almost 3. His father is not and has never been in his life. Ever since I found out I was pregnant he was not there, and was not there when I delivered my son. On my child's birth certificate it says birth father:unknown. My son has my last name, and I asked his father at one point to do a paternity test and he refused. I was not going to fight this, I feel he's better off without a deadbeat dad. I am now in a relationship and plan on getting married. My boyfriend loves my son as his own and would like to legally adopt him. I am all for this. How can I get the ball rolling on this?


Asked on 2/12/11, 2:24 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

To get an adoption done you will need to file paperwork in your local probate court for an adoption. To have it approved is another story. The father will need to either consent or somehow not dispute a termination of his legal rights. In most cases the fathers do not agree to a termination of their legal rights. You should probably have a talk with him first to see if he would agree, which would make your entire process much easier.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 2/13/11, 6:58 pm


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